Contract Formation, Canada

Northern Exposure – Lessons From Our Neighbors To the North About Emojis

Kilpatrick on 3/5/2025

Can a thumbs up emoji mean acceptance of contract? A Canadian appellate court thinks so. A Canadian appellate court thinks so. The appeal involves a dispute between Achter Land & Cattle Ltd. (“ALC”) and South West Terminal...more

Québec’s Language Legislation: Be Ready for Important Changes Impacting Commercial Contracts, Trademark Usage and Government...

Stikeman Elliott LLP on 6/1/2023

Our August 2022 post summarized the main business-related changes that Bill 96 made to the Québec Charter of the French Language (“Charter”). This post provides updates on several key issues, particularly the potential impact...more

What Constitutes Surrounding Circumstances in Contractual Interpretation? The Alberta Court of Appeal

Bennett Jones LLP on 1/23/2020

Pre-contract negotiations, such as prior drafts of agreements, are generally inadmissible as part of "surrounding circumstances" when interpreting a contract, and parties' subjective intentions are always inadmissible, the...more

Employing Minors in the Entertainment Industry: A Primer for Employers Doing Business in Canada

Ogletree, Deakins, Nash, Smoak & Stewart,... on 2/24/2017

Employers that hire minors must comply with a myriad of special rules designed to protect the minor employee from, among other things, dangerous work, exploitation, and abuse. Legislators and courts have gone to great...more

When Does an Email Form a Legally-Binding Agreement? Ask the Canucks.

Bennett Jones LLP on 5/5/2015

A recent decision from the British Columbia Court of Appeal provides an important reminder when communicating by email regarding the negotiation of the terms of an agreement: Just because you haven’t signed a contract,...more

New Good-Faith Duty of Honesty in Contractual Performance Recognized by Supreme Court of Canada

Bennett Jones LLP on 11/26/2014

In a precedent setting case, the Supreme Court of Canada has: (1) recognized good faith as a "general organizing principle" of Canadian contract law; and (2) recognized a new duty of "honest performance", which requires...more

Contracting around the Hague Convention on Service of Process

Bennett Jones LLP on 9/9/2013

When negotiating contracts with international parties, counsel should consider how their clients would, if necessary, serve judicial documents on counterparties based outside of Canada. The Hague Convention on the Service...more

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